MCU14/0028 Appendix 2 EnvProtAct 1994

                                                      Environmental Protection Act 1994
                                                                Chapter 12 Miscellaneous
                           Part 4 Entry to land to comply with environmental requirement

                                                                                 [s 579]

        (4)   The compensation may be claimed and ordered in a
              proceeding brought in a court of competent jurisdiction,
              including, for example, in an application under any of the
              following provisions to which the responsible person and the
              owner or occupier are parties—
              (a)    the Mineral Resources Act, section 281 or 283B;
              (b)    the Petroleum Act 1923, section 79R;
              (c)    the P&G Act, section 533;
              (d)    the GHG storage Act, section 321;
              (e)    the Geothermal Act, section 256.
        (5)   A court may order the payment of the compensation only if it
              is satisfied it is just to make the order in the circumstances of
              the particular case.
        (6)   In this section—
              compensatable effect means all or any of the following in
              relation to the land—
              (a)    deprivation of possession of its surface;
              (b)    diminution of its value;
              (c)    diminution of the use made, or that may be made, of the
                     land or any improvement on it;
              (d)    severance of any part of the land from other parts of the
                     land or from other land that the owner or occupier owns;
              (e)    any other cost or loss arising from the work.
              enter includes an entry with the consent of the owner or
              occupier.
              owner includes—
              (a)    for land under the Land Act 1994 for which there are
                     trustees—the trustees; or
              (b)    for land held under a lease under the Aurukun and
                     Mornington Shire Leases Act 1978, section 3—a
                     relevant local government; or
Current as at 20 February 2014                                                Page 475